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On Whistleblowers and Government Threats of Investigation

We followed Wednesday's story about the NSA's bulk telephone record-gathering with one yesterday about the agency's direct access to the servers of the world's largest internet companies. I don't have time at the moment to address all of the fallout because - to borrow someone else's phrase - I'm Looking Forward to future revelations that are coming (and coming shortly), not Looking Backward to ones that have already come.

"The people who do [create accountability for those in power]are heroes. They are the embodiment of heroism. They do it knowing exactly what is likely to be done to them by the planet's most powerful government, but they do it regardless."

But I do want to make two points. One is about whistleblowers, and the other is about threats of investigations emanating from Washington:

1) Ever since the Nixon administration broke into the office of Daniel Ellsberg's psychoanalyst's office, the tactic of the US government has been to attack and demonize whistleblowers as a means of distracting attention from their own exposed wrongdoing and destroying the credibility of the messenger so that everyone tunes out the message. That attempt will undoubtedly be made here.

I'll say more about all that shortly, but for now: as these whistleblowing acts becoming increasingly demonized ("reprehensible", declared Director of National Intelligence James Clapper yesterday), please just spend a moment considering the options available to someone with access to numerous Top Secret documents.

They could easily enrich themselves by selling those documents for huge sums of money to foreign intelligence services. They could seek to harm the US government by acting at the direction of a foreign adversary and covertly pass those secrets to them. They could gratuitously expose the identity of covert agents.

None of the whistleblowers persecuted by the Obama administration as part of its unprecedented attack on whistleblowers has done any of that: not one of them. Nor have those who are responsible for these current disclosures.

They did not act with any self-interest in mind. The opposite is true: they undertook great personal risk and sacrifice for one overarching reason: to make their fellow citizens aware of what their government is doing in the dark. Their objective is to educate, to democratize, to create accountability for those in power.

The people who do this are heroes. They are the embodiment of heroism. They do it knowing exactly what is likely to be done to them by the planet's most powerful government, but they do it regardless. They don't benefit in any way from these acts. I don't want to over-simplify: human beings are complex, and usually act with multiple, mixed motives. But read this outstanding essay on this week's disclosures from The Atlantic's security expert, Bruce Schneier, to understand why these brave acts are so crucial.

"No democracy can be healthy and functional if the most consequential acts of those who wield political power are completely unknown to those to whom they are supposed to be accountable."

Those who step forward to blow these whistles rarely benefit at all. The ones who benefit are you. You discover what you should know but what is hidden from you: namely, the most consequential acts being taken by those with the greatest power, and how those actions are affecting your life, your country and your world.

In 2008, candidate Obama decreed that "often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out," and he hailed whistleblowing as:

"acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled as they have been during the Bush administration."

The current incarnation of Obama prosecutes those same whistleblowers at double the number of all previous presidents combined, and spent the campaign season boasting about it.

The 2008 version of Obama was right. As the various attacks are inevitably unleashed on the whistleblower(s) here, they deserve the gratitude and - especially - the support of everyone, including media outlets, for the noble acts that they have undertaken for the good of all of us. When it comes to what the Surveillance State is building and doing in the dark, we are much more informed today than we were yesterday, and will be much more informed tomorrow than we are today, thanks to them.

(2) Like puppets reading from a script, various Washington officials almost immediately began spouting all sorts of threats about "investigations" they intend to launch about these disclosures. This has been their playbook for several years now: they want to deter and intimidate anyone and everyone who might shed light on what they're doing with their abusive, manipulative exploitation of the power of law to punish those who bring about transparency.

That isn't going to work. It's beginning completely to backfire on them. It's precisely because such behavior reveals their true character, their propensity to abuse power, that more and more people are determined to bring about accountability and transparency for what they do.

They can threaten to investigate all they want. But as this week makes clear, and will continue to make clear, the ones who will actually be investigated are them.

"They can threaten to investigate all they want. But as this week makes clear, and will continue to make clear, the ones who will actually be investigated are them."

The way things are supposed to work is that we're supposed to know virtually everything about what they do: that's why they're called public servants. They're supposed to know virtually nothing about what we do: that's why we're called private individuals.

This dynamic - the hallmark of a healthy and free society - has been radically reversed. Now, they know everything about what we do, and are constantly building systems to know more. Meanwhile, we know less and less about what they do, as they build walls of secrecy behind which they function. That's the imbalance that needs to come to an end. No democracy can be healthy and functional if the most consequential acts of those who wield political power are completely unknown to those to whom they are supposed to be accountable.

There seems to be this mentality in Washington that as soon as they stamp TOP SECRET on something they've done we're all supposed to quiver and allow them to do whatever they want without transparency or accountability under its banner. These endless investigations and prosecutions and threats are designed to bolster that fear-driven dynamic. But it isn't working. It's doing the opposite.

The times in American history when political power was constrained was when they went too far and the system backlashed and imposed limits. That's what happened in the mid-1970s when the excesses of J Edgar Hoover and Richard Nixon became so extreme that the legitimacy of the political system depended upon it imposing restraints on itself. And that's what is happening now as the government continues on its orgies of whistleblower prosecutions, trying to criminalize journalism, and building a massive surveillance apparatus that destroys privacy, all in the dark. The more they overreact to measures of accountability and transparency - the more they so flagrantly abuse their power of secrecy and investigations and prosecutions - the more quickly that backlash will arrive.

I'm going to go ahead and take the Constitution at its word that we're guaranteed the right of a free press. So, obviously, are other people doing so. And that means that it isn't the people who are being threatened who deserve and will get the investigations, but those issuing the threats who will get that. That's why there's a free press. That's what adversarial journalism means.

Further

In the vile wake of Charlottesville - those sweaty young white men, pasty faces contorted, screaming, "Blood and Soil!" "Jews Will Not Replace Us!" "Fuck You Faggots!" - what to say? Just this: This is racism, domestic terrorism, pure hate. This is not who we are, and this is not ok. Most vital, those "whose pigmentation matches theirs" must speak "with unflinching clarity (or) we simply amen it... They need white faces speaking directly into their white faces, loudly on behalf of love."

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